Law

Creating value through process design: the IBM-Fujitsu arbitration

Article Abstract:

The arbitrators of the IBM-Fujitsu dispute developed a process to identify the parties interests and enhance the value of both companies through their arbitration agreement. Rather than taking the traditional win-lose approach to the companies' computer software copyright infringement dispute, the arbitrators' process includes five stages for working out a win-win situation. These stages include mediation of interests, rule-making proceedings, examination of money issues not as penalities, monitoring of compliance and providing resolution means for ongoing disputes.

Resolving federal tax disputes through ADR

Article Abstract:

ADR can be used in federal tax disputes without hindering due process. Mediation does not work well in such cases due to the lack of personal relationship between the parties and the difference in power held by the parties. Arbitration can be used in tax dispute cases with the help of an arbitrator who knows tax law. This saves both parties time and money but has the disadvantages of not developing legal arguments or published decisions. The IRS' appeals process and the possibility of using ADR between the court and appeals levels are discussed.

Arbitration in Central and Eastern Europe: a practitioner's view

Article Abstract:

The countries of Eastern Europe, in undergoing political change, are changing their approach to arbitration. Formerly, these countries adhered to the Moscow Convention on Settlement by Arbitration, which required mandatory arbitration in government arbitration courts. This gave these countries a familiarity with arbitration, but not with arbitration agreed to voluntarily by the parties involved. There is much uncertainty as to what form arbitration will take in these countries as they change to democracies.